By: Attorney Chris Strohbehn

Wisconsin residents and visitors to the state can enjoy many outdoor activities during the summer, including riding ATVs on trails in state parks or on private property. While this can be a great form of recreation, it can also be dangerous, and multiple types of accidents involving ATVs can occur. In fact, there have been nine fatal ATV accidents in Wisconsin so far in 2022. Following these types of accidents, injury victims or the surviving family members of those who were killed will need to determine who was responsible, and they may be able to pursue financial compensation from negligent parties who were liable for an injury.

Causes of ATV Accidents

In some cases, ATV riders may be injured due to their own errors or negligence, such as by taking unnecessary risks or failing to follow the proper safety procedures. However, there are a variety of situations where other parties may be partially or fully responsible for an accident. Victims of ATV accidents may be able to pursue compensation in situations involving:

By Attorney Kristen N. Nelson

In the State of Wisconsin, doctors, nurses, and other healthcare professionals are required to fulfill high standards of knowledge, skill, and professional and personal conduct in order to achieve and maintain their license to practice. A professional may be at risk of losing their license for a variety of disciplinary reasons, but one of the most serious threats to a healthcare professional’s license and career is the possibility of a conviction for criminal charges. If you are under investigation, or if you have been charged with a crime, it is crucial to have a skilled attorney who can help you avoid both criminal and professional penalties.

When Can a Conviction Result in Professional License Discipline?

According to Wisconsin law, both the Department of Safety and Professional Services (DSPS) and specific licensing boards have the authority to deny or revoke a professional license from a person who has been convicted of any crime or offense that is related to the practice of their profession. This can include both felonies and misdemeanors. Additionally, some licensing boards have standards in place to discipline professionals who are convicted on charges that are not necessarily directly related to their practice.

By: Attorney Megan Drury

There are a variety of financial issues that will need to be addressed during a divorce, and in some cases, one spouse may be asked to provide financial support to the other. Spousal support is not an issue that will factor into every divorce case, but it may be necessary in situations where the income earned by one spouse was used to cover most or all of the family’s living expenses. Decisions about spousal maintenance or alimony are based on the circumstances of the parties at the time of the divorce. However, these circumstances can change, and when a person who pays spousal support experiences issues that affect their ability to continue making these payments, they may be able to request a modification of their obligations.

Spousal Maintenance Modifications

The purpose of spousal support is to ensure that both parties will be able to maintain the standard of living they enjoyed during their marriage. When determining whether maintenance will be needed and the amount that will be paid, multiple factors may be considered, including each party’s level of education and work experience, the amount of time they were married, the division of marital property, and the age and physical and mental health of the spouses. 

By: Attorney Jason Luczak

There are different types of offenses that are considered to be white collar crimes, and these offenses usually involve illegal activity of a financial nature. Embezzlement is a common charge in white collar criminal cases, and those who have been accused of this offense will need to understand the nature of the charges and the potential consequences of a conviction. Anyone who has been accused of a crime will want to secure legal representation from a criminal defense attorney who has experience handling these types of cases and who can help build a solid, effective defense strategy. 

Understanding Embezzlement

Embezzlement is a form of theft or fraud committed by someone who was entrusted with the management or control of someone else’s money or property. Typically, embezzlement will involve an employee stealing money or otherwise misappropriating property from their employer. Multiple types of actions may fall under this category, including:

By: Attorney Megan Drury

In divorce and family law cases, parents may need to address a variety of issues related to child custody. While there are some cases where parents may agree on how custody of their children will be handled, disputes often arise between parents, and it can be difficult to determine the best ways to resolve these issues. In some cases, a guardian ad litem may be appointed. Parents will need to understand the role this person will play in their case and the best steps they can take to protect their parental rights and ensure that they will be able to provide for their children’s best interests.

What Is a Guardian Ad Litem?

When parents disagree about how to handle child custody, it can be difficult for a judge to determine how to make decisions that will protect children’s best interests. The parents and their attorneys may make arguments based on their desires, their claims of what has happened in the past, and their individual beliefs about what is best for their children. However, evaluating the accuracy of parents’ claims, understanding the biases they bring to a case, and determining how emotions may color parents’ attitudes is not always easy. To more fully evaluate the situation, a judge may seek help from other parties.

By: Attorney Chris Strohbehn 

Motorcycle riders face serious dangers as a result of sharing the road with cars, trucks, and other vehicles. A motorcycle crash can cause a wide range of severe injuries, and in many situations, it is the negligence of drivers in other vehicles that causes injuries to riders. However, whether or not the rider was wearing a helmet is often a point of contention in motorcycle accident cases. In cases such as these, it is important for motorcycle crash victims to work closely with an experienced personal injury who will work hard to hold the negligent driver fully accountable for the injuries he or she caused.

Helmet Laws in Wisconsin

In the state of Wisconsin, all motorcycle riders and passengers are strongly encouraged to wear helmets and other protective gear while riding. Fully-licensed riders who are 18 years old or older are not required by law to wear a helmet on Wisconsin roadways. A rider who is under age 18 must wear a helmet. A helmet is also required for any person riding with a motorcycle instruction permit. All riders, regardless of helmet use, are required to wear eye protection unless the motorcycle’s windshield meets the height requirement set by Wisconsin law.

Driving a vehicle after drinking alcohol is known to be dangerous, and drivers who have a certain level of alcohol in their system may be arrested for the offense of operating while intoxicated (OWI). However, some drivers may be uncertain about how the laws in Wisconsin address driving after using recreational drugs or other controlled substances. Are there certain levels of drugs that cause a person to be considered intoxicated? What about legal prescription drugs or other medications? Understanding how the laws address these issues can help a person avoid activities that could cause them to face criminal charges or other consequences that come with being arrested for OWI.

Wisconsin’s Definition of Impaired Driving

As is true in most other states, the legal limit for a driver’s blood alcohol content (BAC) in Wisconsin is .08 percent. A person will usually reach this BAC level after two or three alcoholic drinks. Even if they do not feel intoxicated or believe that they are safe to drive, they can face criminal charges if they are arrested and submit to a chemical BAC test that shows that they are over the legal limit. 

When it comes to other substances, the definition of intoxication is not always as clear. Different drugs can affect different people in different ways, especially if a person has built up a tolerance to a certain substance that requires them to use higher amounts of a drug before they experience a “high.” Because of this, measuring a person’s level of intoxication is not always easy.

The summer months are a time when many people enjoy themselves outdoors and participate in a variety of activities. People in Wisconsin have many opportunities for fun activities, including hiking, rock climbing, boating, and swimming in lakes, rivers, and public or private pools. While most people take care to protect the safety of themselves and others while participating in activities, accidents and injuries can still occur. Victims who are injured in these situations will want to determine their options for filing a personal injury claim and pursuing compensation that will address the damages they have suffered.

Liability for Recreational Activity Injuries in Wisconsin

People who are injured while participating in recreational activities may have multiple options for pursuing compensation. If an injury took place while visiting someone else’s property, such as when swimming at a pool at someone’s home or when using facilities at a business, a victim may be able to pursue a premises liability claim. If an injury was caused by defective equipment, such as faulty rock climbing gear, a victim may be able to pursue a product liability claim against the manufacturer.

It is important to understand how Wisconsin law addresses liability for injuries that took place while a person was participating in recreational activities. The state’s statutes detail multiple types of recreational activities in which participants must be aware of certain risks, including:

By: Attorney Megan Drury

Parents may need to address issues related to child custody in a variety of situations, although this is most often a factor in divorce cases. Most of the time, parents will be able to share custody of children. Joint legal custody will allow both parents to be involved in decisions about how their children should be raised. Shared physical custody (known as physical placement in Wisconsin) will ensure that children will be able to spend reasonable amounts of time with both parents. However, there may be some situations where joint legal custody may not be appropriate, and if there are potential risks to children’s safety and well-being, certain types of restrictions regarding physical placement may be put in place.

Joint Legal Custody vs. Sole Legal Custody

In Wisconsin, family courts presume that it is in children’s best interests for parents to share joint legal custody. This will ensure that parents can cooperate to raise their children and work together to make decisions about important issues such as where children will go to school, which doctors will provide medical care, and the religion that children will be raised in. However, there may be some situations where a court may determine that it would be in children’s best interests for one parent to have sole legal custody. These include cases where a parent is incapable of performing parental responsibilities, such as when they have a serious illness or disability, as well as situations where a parent is not interested in maintaining an active and continuing role in raising their children. 

By: Attorney Megan Drury

Many people consider marriage to be a partnership. When a couple gets married, they will often combine their finances, and the income they earn and the property they purchase will be considered to be jointly owned by both spouses. Even if a couple wishes to keep their finances separate, they will need to be aware that any property they acquire during their marriage will generally be considered marital property. This property will need to be divided between the spouses if they choose to get a divorce. 

To address this issue, or to protect assets that either spouse owned before they were married, a couple may choose to create a prenuptial agreement. By understanding what this type of agreement (commonly referred to as a “prenup”) can and cannot do, a couple can make sure they are prepared to protect their financial interests as they plan for their marriage.